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shoring lagging remove or remain?

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I thought I sent this before, but can't find any record of it being posted. This is a new version of the same question, pardon the duplication.
 
 
A building official is looking into having our wood lagging removed before we backfill for pest infestation reasons. The shoring wall is 2'-6" in front of our permanent concrete retaining wall and  building envelope above (wood framed residence). The earth shoring wall is at least 16' tall with pressure treated lagging, not treated at the cut ends. I could see removing the top 3-5 feet. I could not find anything in the code specific to this?